Disclosure of criminal convictions, cautions etc

This applies to applicants for either initial registration or restoration to the Register. You must inform us if you have a police charge, caution or conviction that is not a protected caution or protected conviction

If you are a current registrant and have a conviction, caution etc, click [here].

What do I need to declare when I apply for registration?

If you are applying for initial registration then you must tell us of any convictions, cautions, reprimands or warnings that are not protected. The Rehabilitation of Offenders Act 1974 does not apply to an application for registration to the register

You do not need to declare fixed penalty fines for traffic offences unless they led to a disqualification.

 

What are protected cautions and convictions?

  • a protected caution is protected from disclosure six years after it was accepted. If the offender was under 18 when the caution was accepted then that period is reduced to two years.
  • a protected conviction is protected from disclosure after 11 years. If the offender was under 18 when convicted then that period is reduced to five and a half years. In either case a conviction will only be protected if the offender received a non-custodial sentence and has no other convictions.
  • a caution or conviction will NOT be protected if it is for a ‘listed offence’ under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Listed offences include serious violent and sexual offences and offences which are of specific relevance to the safeguarding of children and vulnerable adults. A caution or conviction for a listed offence must always be disclosed to us.

You can find further information on the Unlock website [here].

 

What will happen if I tell you about an offence?

We consider having a police charge, caution, conviction, reprimand or warning as serious; however, it does not automatically preclude you from registration with the GCC. We look at all applications on an individual basis and the Registrar will take into account all of the information available at the time she makes her decision. The Registrar will consider your own account of the circumstances that led to the offence, including any mitigating circumstances there may have been.

If you have committed an offence where alcohol or drugs are involved, the Registrar will ask you to attend a health assessment with a consultant psychiatrist.

 

What happens if my application is refused?

If the Registrar decides to refuse your application, you will be informed of the process for appealing the decision through the Registration Appeals Committee. Our appeals process can be found on our website [here].

 

 

Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 does not apply to applications for registration to the register.

  • This means that you must declare to us any convictions or police cautions that you have received, even if they are ‘spent’ under that Act, other than a protected caution or protected conviction. Failure to do so may result in a referral to fitness to practise which could lead to you being removed from the register.
  • a protected caution is protected from disclosure six years after it was accepted. If the offender was under 18 when the caution was accepted then that period is reduced to two years.
  • a protected conviction is protected from disclosure after 11 years. If the offender was under 18 when convicted then that period is reduced to five and a half years. In either case a conviction will only be protected if the offender received a non-custodial sentence and has no other convictions.
  • a caution or conviction will NOT be protected if it is for a ‘listed offence’ under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Listed offences include serious violent and sexual offences and offences which are of specific relevance to the safeguarding of children and vulnerable adults. A caution or conviction for a listed offence must always be disclosed to us.

Further guidance on listed offences is provided by the Disclosure and Barring Service